Prevention, LLC v. EQ Biosciences, Inc.

Filing 11

ORDER - The Clerk of Court shall strike Defendant's Pro se 10 Motion for Leave to File a Late Responsive Pleading and to Obtain Local Counsel from the record in this case. Ordered by Magistrate Judge F.A. Gossett. (MKR) (Copy mailed to John Raffanti) Modified on 8/19/2015 to reflect copy mailed (MKR).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PREVENTION, LLC, a Nebraska
Limited Liability Company,
Plaintiff,
V.
EQ BIOSCIENCES, INC., a Nevada
Corporation,
Defendant.

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8:15CV256

ORDER

Defendant filed a document entitled “Pro se Motion for Leave to File a Late
Responsive Pleading and to Obtain Local Counsel.” (Filing 10.) The document was signed
by John Raffanti, Defendant’s CEO & Founder. The document also includes the electronic
signature of Eric Awerbuch, an attorney with Emord & Associates, P.C.
The Court has been advised by Mr. Awerbuch does not represent Defendant in this
matter. Because Defendant is a corporation and has no attorney of record, the “Pro se
Motion for Leave” must be stricken. See Wilkinson Industries, Inc. v. Taylor’s Indus.
Services, LLC, No. 8:06CV402, 2007 WL 1751739, *1 (D. Neb. June 18, 2007) (stating that
a corporation may not proceed pro se and that a layperson may not represent a separate legal
entity such as a corporation or limited liability company).
IT IS ORDERED that the Clerk of Court shall strike Defendant’s Pro se Motion for
Leave to File a Late Responsive Pleading and to Obtain Local Counsel (filing 10) from the
record in this case.
DATED August 19, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge